Legal Opinion

S. B. Penick & Co. v. Triple "M" Transportation Co.

Supreme Court of New Jersey

Decided December 28, 1943PublishedCited by 3 opinions

1Opinion of the Court

The opinion of the court was delivered by

Case, J.

The appeal is from a judgment in the amount of $341.85 awarded against the defendant and in favor of the plaintiff by the judge of the First Judicial District Court of the County of Hudson sitting without a jury. The suit was to recover the sum of $341.85 on an alleged breach of contract by the defendant, a carrier, in delivering a shipment intrusted to it by the plaintiff and accepting a postdated check contrary to the contractual provision that the delivery was to be “0. ,0. D. $341.85.” It appears from the proofs that the terms of shipment…

2Cases cited2 opinions

  1. Joseph Mogul, Inc. v. C. Lewis Lavine, Inc.New York Court of Appeals · 1928
  2. Rathbun v. . Citizens' Steamboat Co.New York Court of Appeals · 1879

3Cited by3 opinions

  1. Silver Creations, Ltd. v. United Parcel Serv.New Jersey Superior Court Appellate Division · 1975
  2. Crown Displays, Inc. v. Calore Freight System, Inc.Supreme Court of Rhode Island · 1975
  3. Willer v. Railway Exp. Agency, Inc.District of Columbia Court of Appeals · 1952

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